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Ray
Ray, Lawyer
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Experience:  30 years in civil, probate, real estate, elder law
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I am a beneficiary on a trust. Do I have a right to see the

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I am a beneficiary on a trust. Do I have a right to see the actual asset documentation and docentation of bills written against it. I do not want to go to probate but I have proof that my sister is lying to me and she is the trustie and executor. The lawyer who is handling the estate can not talk to me because if conflict if interest

RayAnswers :

Thanks for your question and good afternoon.

RayAnswers :

Yes you need to write the judge asking for this specific information.You need to reference the case number XXXXX set out your request for such information.An an heir you can make such a request and the court will order it done.

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You may want to set out your concerns here that there are financial questions and that you are wondering if there have been breaches of fiduciary duties by the executor and the lawyer for the estate.

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You would mail it to the judge asking for a hearing if you want to speak to the judge.Here he is then required to set this matter for a hearing and notice everybody.He can only speak to you in such a setting to avoid any ex parte--one party communications.

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If she is the executor and has been appointed by the probate court then all records of the estate are a matter of public record in the court. She is required to file what is called an "inventory" with the probate court and list all assets of your father. So you can contact the probate court in the county where your father resided at the time of his death and review the entire file.

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If travel here is a problem you can ask to appear by phone the judge can grant such a request.

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And if you uncover wrongdoing the court can remove the sister and appoint another executor here.

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Here is the law that permits removal for cause here.

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14-3611. Termination of appointment by removal; cause; procedure


A. A person interested in the estate may petition for removal of a personal representative for cause at any time. On filing of the petition, the court shall fix a time and place for a hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in section 14-3607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or to preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.


B. Cause for removal exists under any of the following circumstances:


1. If removal would be in the best interests of the estate.


2. If it is shown that a personal representative or the person seeking the personal representative's appointment intentionally misrepresented material facts in the proceedings leading to the personal representative's appointment.


3. If it is shown that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of that office, has mismanaged the estate or has failed to perform any duty pertaining to that office.


4. If it is shown that the personal representative has disregarded the reasonable written wishes of the decedent regarding the disposition of the decedent's remains.


C. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.

RayAnswers :

It is certainly reasonable to ask for such documentation.Often what you see here in say an inventory of assets is insufficient to show that the executor and lawyer have not been honest in reporting all of this.

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The probate judge here is a Superior Court here is a locator.

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Address your concerns to Honorable XXXXX XXXXX Superior Court

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Address

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Re: Case No.1234

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Estate of XXXXX XXXXX

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Dear Judge Smith,

Customer: She recently asked my approval for a bill of 1255$ to appraise gold coins. I called her appraiser and the bill is 150$. There are big reasons to believe and prove she spent our fathers money while being the trustie. She even told me she did without any idea how wrong. I do not want a protracted legal battle and my father wanted to avoid probate. Is this request I would make to the judge a request for probate? In the will it says that if anyone contests it they get nothing. My sister told me that the will said if I go to probate I get written out of the will. I just want what is fair and just as far as what remains and need to keep within a budget so that whatittle left for me. Only thirty thousand does not get eaten up in legal costs. So. If I go to a judge for this request am I opening a can of worms that my father did not want?
RayAnswers :

I am writing you concerning the estate of my .....and more specifically the financial information or assets and expenditures in this matter.I asking for ... and set out what you want here.

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That alone is enough to raise red flags.

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If you want accounting here you are going to have to involve the court.I understand that this is family but it is clear that there may be violations of her fiduciaiy duties toward you and the estate.You deserve some answers and removal if she cannot account for all of this.

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She needs to account for every asset and every expenditure--thats her duty here and the lawyers as well.

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The judge certainly will respond to your letter here and set a hearing and she will have some explaining to do.

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I cannot promise she will not get made but the judge will certainly ask for such information in detail.

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And the court may hold her liable for any mis spending.The estate assets are not her piggy bank.She has a duty to preserve them and act prudently.

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I appreciate the chance to chat with you this afternoon.I do hope you will write the judge and ask for a hearing on these matters.

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All you are asking is for some fairness and accounting.

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Thanks again and the best to you here.

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And you also have right to ask for hr removal as well and the court can do so on their own.

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I am so sorry you are having to go through all of this.

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I know how hard it can be here.

Customer: Shen just gives me word of mouth. Is it common should executors provide records and documentation. If asked for or am I out off e. I know she is
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It is proper for the executor to provide answers and proof to any heir that asks.The court will enforce this.

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You are just being reasonable here the executor is not.

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I think the court would agree with you and order it and get you the information you ask for or they remove her is it isn't forthcoming.

Customer: You have helped me tremendously
RayAnswers :

You are so welcome.

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Have a great weekend.

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If you can leave a positive rating it is much appreciated.

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Thanks again.

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Thanks for your recent question and positive rating.If you can return the customer satisfaction survey with a positive rating it will be much appreciated as well.If you have future questions post them for Ray and I will be happy to respond.Thanks again.

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